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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY <br />REGION 5 <br />In the Matter of: <br />THE CITY OF ORONO, <br />MINNESOTA, <br />Respondent. <br />Docket No. <br />Proceeding to Assess a Civil Penalty Under <br />Section 109(b) of the Comprehensive <br />Environmental Response, Compensation and <br />Liability Act and Section 325(b)(2) of the <br />Emergency Planning and Community Right - <br />to -know Act <br />CONSENT AGREEMENT AND FINAL ORDER <br />Preliminary Statement <br />1. This is an administrative action commenced and concluded under section 109(b) <br />of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), <br />42 U.S.C. § 9609(b), section 325(b)(2) of the Emergency Planning and Community Right -to - <br />know Act of 1986 (EPCRA), 42 U.S.C. § 11045(b)(2), and sections 22.13(b) and 22.18(b)(2) and <br />(3) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil <br />Penalties and the Revocation/Termination or Suspension of Permits (Consolidated Rules) as <br />codified at 40 C.F.R. part 22. <br />2. Complainant is, by lawful delegation, the Chief of the Emergency Response <br />Branch 1, Superfund Division, United States Environmental Protection Agency (U.S. EPA), <br />Region 5. <br />3. Respondent is the City of Orono, Minnesota, a municipality. <br />4. According to 40 C.F.R. § 22.13(b), where the parties agree to settle one or more <br />causes of action before the filing of a complaint, an administrative action may be commenced <br />and concluded simultaneously by the issuance of a consent agreement and final order (CAFO). <br />